Research On The Inheritance Of Network Virtual Property

With the rapid development of the Internet economy era,the types and quantities of virtual properties have been increasing.Virtual currencies,online social accounts,online shops,etc.have become inseparable from people’s lives.People enjoy the convenience brought about by the digital age,and at the same time,they will inevitably encounter new disputes.Among them,there are many disputes arising from the inheritance of virtual property on the Internet.Compared with ordinary property,network virtual property has many peculiarities.However,since the speed of law update is far behind the speed of technological development,although the Civil Code officially recognizes the legal status of network virtual property protected,the law inherits network virtual property There are still no specific provisions on the issue,so judges in different courts can only interpret and apply related issues based on their own understanding.Therefore,there have been a large number of cases where different judgments have been made.The logical prerequisite for studying the issue of network virtual property inheritance is to clarify the property attributes and legal ownership of network virtual property.The property attribute of network virtual property is the key to its ability to be inherited.As long as the virtual property belongs to a thing or a special right stipulated by law,it can be determined to have a property attribute.The problem of legal ownership is discussed because under normal circumstances,only network users belong The virtual property has the possibility of being inherited.Regardless of the particularity of the network virtual property,its property attributes are recognized,and for its specific properties,the author believes that it should be recognized as a thing,which is not only logically easier to accept,but also more conducive to the relevant The solution of the problem.Regarding the issue of legal ownership,the author believes that given the wide variety of network virtual properties and their characteristics are very different,it should not be generalized.Network virtual properties should be classified and then judged separately.For virtual properties owned by users,Property should be determined to have the possibility of inheritance.For special properties such as shops and official accounts,even if the ownership belongs to the network operator,it should be determined that they can be inherited.After in-depth research on the inheritance of virtual property on the Internet,it is found that there are still some theoretical obstacles that need to be eliminated.Two of the representative problems are the validity of the exclusion clause in the user agreement of the network platform and the conflict between the inheritance of virtual property on the Internet and the privacy protection of the deceased.Regarding the issue of the validity of the exclusion clause in the network platform user agreement,the author believes that the simple reminder of the network operator to the user during registration does not meet the requirements of the "Civil Code · Contract Edition" to "take the other party’s attention in a reasonable way" This type of clause violates the legal inheritance rights enjoyed by the heirs,so such clauses should not be binding on users and heirs.Not only that,in the process of inheritance,we should also protect the privacy interests of the deceased.Without the explicit authorization of the user during his lifetime,it should be determined that the hidden property cannot be legally inherited.Many foreign countries have established a relatively complete legal protection system for the inheritance of virtual property on the Internet.Based on the important status of virtual property on the Internet,it is still necessary for my country to formulate a more complete legal protection mechanism for virtual property related issues.Therefore,in addition to removing theoretical obstacles,this article also discusses related difficult issues in the inheritance of virtual property.It discusses the issue of proof in the process of inheritance of virtual property on the Internet.The burden of proof is allocated more reasonably due to the weak position of the heir.The second is to start with the problems encountered in the value evaluation and target different types of property.A specific solution was proposed.The last part of this article solves the problem of reasonable distribution of virtual property on the Internet when there are multiple heirs in the same order.We consider the existence of the marriage relationship at the death of the heir as the most complicated situation.At this time,we will share it with the spouse first.The virtual property is distinguished from the virtual property owned by the individual,and then the property of the virtual property shared by the husband and wife is analyzed first,and then different division schemes are proposed for all parts of the individual according to different property types,and finally the problem of the inheritance of network virtual property is effectively solved.